V DURAI Vs. K S SELVARAJ

JUDGEMENT

(1.) Seeking enhancement of compensation, the claimant has filed this civil miscellaneous appeal dissatisfied with the award dated 23.12.2010 passed by the Motor Accidents Claims Tribunal Principal District Judge, Salem, in M.C.O.P.No.1639 of 2007.

(2.) 2 [i]. The short facts that are essential for the disposal of this appeal is that the appellant herein/claimant has preferred the claim petition in M.C.O.P.No.1639 of 2007 before the Motor Accidents Claims Tribunal, Principal District Judge, Salem, alleging that on 17.10.2007 at about 21.45 hours, the claimant was travelling in the TNSTC bus bearing Registration No.TN-29-N-1906 belonging to the third respondent from Krishnagiri to Salem and he was sitting in the centre of the bus on the right side and when the bus was nearing Deevattipatti burial ground, a Lorry bearing Registration No.TN-28-P-5496 belonging to the first respondent came from the opposite side in a rash and negligent manner and dashed on the side portion of the TNSTC bus and as a result of which, the claimant was crushed into the bus. Because of this accident, the claimant got fracture injuries on his right shoulder bone, right side hand knee, right side leg toe knee, skin tarred in right side hand, glass cut injuries in right side hand, skin tarred in right side leg toe and glass cut injuries all over the body.

(3.) The third respondent herein/Transport Corporation has filed counter affidavit before the Tribunal stating that the accident had occurred only due to the rash and negligent driving of the driver of the Lorry belonging to the first respondent and hence, prayed for dismissal of the claim petition.